OAR 325-035-0015: Procedures for Conducting Discussions

(1) A health care facility, health care provider, or employer of a health care provider who files or is named in a notice of adverse health care incident and the patient who is the subject of the adverse health care incident may engage in Early Discussion and Resolution in an attempt to resolve the incident. (2) If the parties choose to participate in Early Discussion and Resolution, the initial discussion should take place as soon as possible and generally within 72 hours of a health care facility or health care provider filing a notice or being informed by the Commission that a notice was filed by a patient, and conclude within 180 days of the initial filing of the notice. (3) The parties may agree to extend the 180 day time limit described in section (2) of this rule if they also agree to extend the statute of limitations applicable to a negligence claim. (4) Each party involved in Early Discussion and Resolution may include other persons in the discussion, including a mediator as outlined in OAR 325-035-0035. (5) The health care facility, health care provider, or employer of a health care provider who chooses to participate in Early Discussion and Resolution must notify the patient and all other parties involved in the adverse health care incident of the date, time, and location of the discussions and shall reasonably accommodate all persons who have been invited to participate by the parties and wish to attend. (6) Discussions may include: (a) An explanation of what occurred and the implications for the patient’s health and well-being; (b) An explanation of the causes of the incident; (c) An apology or expression of regret to the patient; (d) The steps the health care facility or health care provider will take to prevent future occurrences of the adverse health care incident; and (e) Compensation for the adverse health care incident. (7) If the health care facility or health care provider is not going to make an offer of compensation, the health care facility or health care provider may communicate that to the patient orally or in writing. (8) If compensation is offered, the offer must be in writing and the patient must be advised by the health care facility or health care provider of their right to seek legal advice before accepting the offer. (9) Discussions and offers of compensation made in Early Discussion and Resolution: (a) Do not constitute an admission of liability; (b) Are confidential and may not be disclosed; and (c) Except as provided in Oregon Laws 2013, Chapter 5, Section 3, are not admissible as evidence in any subsequent adjudicatory proceeding and may not be disclosed by the parties in any subsequent adjudicatory proceeding.